Free Educational Guide
The Heir's Guide To Excess Proceeds
When a relative's property is sold at a tax or foreclosure auction, the leftover money after debts are paid — the excess proceeds — often belongs to the heirs. But claiming it is rarely straightforward. This guide walks you through exactly what heirs need to know and do, step by step.
What's Inside This Guide
- How to determine if you qualify as an heir entitled to excess proceeds, and what legal standing you need before filing a claim
- The critical difference between probate and non-probate claims — and which path applies to your situation
- How to navigate multi-heir situations: who files, how proceeds are divided, and what to do when heirs disagree
- A complete checklist of documentation you will need, from death certificates to affidavits of heirship and court orders
- Jurisdiction-specific deadlines and filing windows that heirs routinely miss, with practical tips to stay on track
- How to identify and protect yourself from bad actors who target heirs with predatory offers and unfair contracts
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This guide is for educational purposes only and does not constitute legal advice. Every excess proceeds situation is unique. Consult a qualified attorney for advice about your specific circumstances. National Excess Proceeds Exchange is not a law firm.